DCCA NEWS RELEASE: DCCA disciplinary actions

HONOLULU – The state Department of Commerce and Consumer Affairs (DCCA) and the state Boards and Commissions released a summary of disciplinary actions through the month of August 2017 taken on individuals and entities with professional and vocational licenses in Hawaii. These disciplinary actions include dispositions based upon either the results of contested case hearings or settlement agreements submitted by the parties. Respondents enter into settlement agreements as a compromise of claims and to conserve on the expenses of proceeding with an administrative hearing.

The DCCA and the Boards and Commissions are responsible for ensuring those with professional and vocational licenses are performing up to the standards prescribed by state law.

HAWAII MEDICAL BOARD

Respondent: Larry R. Meyers, M.D.

Case Number: MED 2017-95-L

Sanction: Voluntary surrender of license

Effective Date: 8-10-17

Respondent was allegedly the subject of disciplinary action in the State of Oregon based on allegations related to professional boundaries, in possible violation of HRS § 453-8(a)(11). (Board approved Settlement Agreement.)

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Respondent: P&A Investments, Inc. dba Aiona Car Sales (Hawaii)

Case Number: MVI 2012-25-L+

Sanction: $1,500 fine

Effective Date: 8-1-17

Respondent allegedly attempted to sell a used vehicle when Respondent did not possess the legal ownership certificate or proof of the right to possess the legal ownership certificate, in possible violation of HRS §§ 437-12(a) and 437-12(b) (Board approved Settlement Agreement.)

BOARD OF BARBERING AND COSMETOLOGY

Respondent: Molly M. Jaedtke (Hawaii)

Case Number: BAR 2016-13-L

Sanction: $500 fine

Effective Date: 8-17-17

Respondent allegedly, on or about November 10, 2015, indicated “no” to question number 3 on her renewal application “In the past 2 years have you ever been convicted of a crime which has not been annulled or expunged?” for her beauty operator’s license despite her Driving Under the Influence of Alcohol conviction on April 16, 2015, in possible violation of HRS §§ 439-19(a)(1) and 439-19(a)(9). (Board approved Settlement Agreement.)

COLLECTION AGENCY PROGRAM

Respondent: Second Round Limited Partnership

Case Number: COL 2017-2-L

Sanction: $500 fine

Effective Date: 8-9-17

Respondent was allegedly disciplined by the State of Colorado based on allegations Respondent failed to timely notify the Administrator of a change in collections manager, and failed to report the disciplinary action to the Hawaii Program within thirty (30) days as required by Hawaii law, in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Director approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondents: Hardesty & Associates, Inc. and William S. Hardesty

Case Number: CLB 2015-173-L

Sanction: $10,000 fine

Effective Date: 8-17-17

Respondent William S. Hardesty, RME, was allegedly not in residence in the State of Hawaii during the time periods in which Respondent Hardesty & Associates, Inc. was working on a construction project in Honolulu, Hawaii, in possible violation of HAR §§ 16-77-71(a)(4) and 16-77-71(a)(5). (Board approved Settlement Agreement.)

Respondents: Guy M. Menor and KFP Enterprises, LLC

Case Number: CLB 2014-12-L

Sanction: License revocation and $1,000 fine

Effective Date: 8-17-17

Water heaters were installed by Respondent’s employee, who was not a licensed contractor, in violation of HRS §§ 444-17(12), 444-17(17), 436B-19(6), 436B-19(7), 436B-19(8), 436B-19(12) and 436-19(17). (Board’s Final Order after contested case hearing.)

BOARD OF MASSAGE THERAPY

Respondent: Sterling P. Coria

Case Number: MAS 2016-58-L

Sanction: $2,500 fine

Effective Date: 8-9-17

Respondent allegedly aided and abetted unlicensed massage therapy activity by an establishment that did not possess a current massage establishment license, in possible violation of HRS § 436B-19(6). (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent: Target Corporation dba Target Pharmacy

Case Number: PHA 2015-102-L+

Sanction: Voluntary surrender of licenses

Effective Date: 8-17-17

Disciplinary action was allegedly taken against Respondent in other states, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)

Disciplinary action was allegedly taken against Respondent by the State of Oregon based on allegations Respondent did not have a pharmacist in charge in Oregon for a period of time and Respondent allegedly failed to timely report the action, in possible violation of HRS § 436B-19(13) and § 436B-19(15). (Board approved Settlement Agreement.)

Respondent: VRX Pharmacy dba VRX Pharmacy @ City Creek

Case Number: PHA 2016-58-L

Sanction: $500 administrative costs

Effective Date: 8-17-17

Disciplinary action was allegedly taken against Respondent in the State of Idaho based on allegations Respondent shipped prescriptions without a valid registration, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)

Respondent: Pacifico National, dba AmEx Pharmacy

Case Number: PHA 2017-26-L

Sanction: Probation for one (1) year, comply with terms of Florida Order and $2,500 fine

Effective Date: 8-17-17

Disciplinary action was allegedly taken against Respondent by the State of Florida based on a January 2016 Inspection, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)

Respondent: Curexa dba EHT Pharmacy, LLC

Case Number: PHA 2017-53-L

Sanction: $1,500 fine

Effective Date: 8-17-17

Respondent was allegedly disciplined by the State of Alabama based on allegations Respondent compounded and dispensed prescriptions for Domperidone for human use when same is not approved by the FDA and Respondent allegedly failed to report the disciplinary action to the Board as required by Hawaii law, in possible violation of HRS § 436B-19(13) and § 436B-19(15). (Board approved Settlement Agreement.)

Respondent: Community Compounding Pharmacy, Inc.

Case Number: PHA 2017-22-L

Sanction: Comply with terms of Oregon Order and $250 administrative costs

Effective Date: 8-17-17

Respondent was allegedly disciplined by the State of Oregon based on allegations Respondent employed, allowed, aided and abetted an unlicensed individual to perform the duties of a pharmacy technician without a pharmacy technician license, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)

Respondent was allegedly disciplined by the State of Texas based on allegations Respondent dispensed prescription drugs to Louisiana residents without a valid out-of-state pharmacy permit, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)

Respondent: Paradigm Healthcare Solutions, LLC dba Athena Pharmacy

Case Number: PHA 2016-109-L

Sanction: $1,000 administrative costs

Effective Date: 8-17-17

Respondent was allegedly disciplined in: Alabama based on allegations Respondent failed to report a criminal conviction on an application for licensure and an October 1, 2015 disciplinary action by the Texas State Board of Pharmacy; Colorado based on the action by the Texas State Board of Pharmacy; and Florida based on the Alabama action and allegations a pharmacy affiliate had failed to disclose a criminal plea on a license application, in possible violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)

BOARD OF PUBLIC ACCOUNTANCY

Respondent: Justin W. Cho

Case Number: ACC 2016-24-L

Sanction: $1,500 fine

Effective Date: 8-25-17

Respondent was allegedly operating as a sole proprietor, engaged in acts constituting “the practice of public accountancy,” and held himself out as a CPA to the public, between 1/1/14 and 12/19/16 without current permits, in possible violation of HRS §§ 466-5(a), 466-6(a), 466-7(a), 466-7(d), 466-9(b)(6), and 466-10(a)(1). (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent: Anthony Provenzano

Case Number: REC 2016-28-L

Sanction: $500 fine

Effective Date: 8-25-17

Respondent allegedly failed to disclose a conviction for operating a vehicle under the influence of an intoxicant (“OVUII”) when Respondent answered the licensing application and renewal questions that asked for criminal convictions, in possible violation of HRS §§ 436B-19(2), 436B-19(5), 436B-19(17) and 467-20. (Board approved Settlement Agreement.)

Respondent: David W. Siefker (Maui)

Case Number: REC 2016-134-L

Sanction: $500 fine

Effective Date: 8-25-17

Respondent was allegedly convicted of operating a vehicle under the influence of an intoxicant (“OVUII”), in possible violation of HRS §§ 436B-19(12), 436B-19(14) and 436B-19(17). (Board approved Settlement Agreement.)

Respondent: Andrew S. Bashrum (Hawaii)

Case Number: REC 2015-247-L

Sanction: $500 fine

Effective Date: 8-25-17

Respondent was allegedly convicted of operating a vehicle under the influence of an intoxicant (“OVUII”), in possible violation of HRS §§ 436B-19(12), 436B-19(14) and 436B-19(17). (Board approved Settlement Agreement.)

Respondent: Andrew L. Geiser

Case Number: REC 2017-173-L

Sanction: $2,000 fine

Effective Date: 8-25-17

Respondent was allegedly convicted of operating a vehicle under the influence of an intoxicant (“OVUII”) in 1989 and 1997. Despite the convictions, Respondent answered “no” to the question on his 1999 real estate salesperson application form, and his 2003 broker application form, that asked: “During the past 20 years have you ever been convicted of a crime where there has not been an order annulling or expunging the conviction?”, in possible violation of HRS §§ 436B-19(2), 436B-19(5), 436B-19(17), 467-1.6(b)(7), 467-14(13) and 467-20. (Board approved Settlement Agreement.)

Respondent, acting as property manager, failed to pay clients rental income owed in a timely manner or failed to pay at all, failed to make general excise and/or transient accommodations tax payments generated by the rental of properties, failed to provide written statements, failed to refund rental deposits (less service charge) in a timely manner, failed to report a civil judgment in writing to the Commission within 30 days, made false promises and misrepresentations concerning real estate transactions, failed to account for moneys belonging to others, failed to maintain a reputation for competency, honesty, truthfulness, financial integrity and fair dealing, engaged in professional misconduct, and/or committed ethics violations as determined by the Real Estate Association of Maui in violations of HRS §§ 436B-16, 436B-19(2), 436B-19(7), 436B-19(9), 436B-19(17), 467-14(2), 467-14(3), 467-14(7), 467-14(8), 467-14(16), 467-14(20), and HAR §§ 16-99-3(b) and 16-99-3(v). (Commission’s Final Order after contested case hearing.)